logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.09.06 2019노2539
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by a mistake-finding prosecutor, the fact that the defendant inflicted an injury on the victim by plucking, plucking, etc. of the victim can be sufficiently recognized.

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the injury among the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

2. Determination

A. Considering the evidence duly adopted and examined by the court below in light of the records, the court below's judgment on the assertion of mistake of facts is just and it is hard to conclude that the evidence of this case alone, based on the judgment of the court below, caused an intentional injury to the victim by plucking or plucking the injured party in the facts charged of this case, and there was no submission of new evidence corresponding to this part of the facts charged at the court below. Thus, it does not seem that the judgment below erred by misapprehending the facts as alleged by the prosecutor, which affected the conclusion of the judgment.

B. According to the instant argument and record on the assertion of unfair sentencing, the lower court appears to have made an adequate decision by fully considering the grounds for sentencing alleged by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow